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CITY OF ABERDEEN v. CHICAGO & NORTH WESTERN TRANSP.

Civ. No. 82-1057.

602 F.Supp. 589 (1984)

The CITY OF ABERDEEN, a municipal corporation of the State of South Dakota v. CHICAGO AND NORTH WESTERN TRANSPORTATION COMPANY, a Corporation; Kenneth D. Vaughan; Susan K. Vaughan Kamla; Philip L. Vaughan; Kenneth W. Vaughan; June L. Johnson; and all persons unknown who have or claim to have any estate or interest or lien or encumbrance upon the premises or any part thereof, described in the complaint v. CHICAGO AND NORTH WESTERN TRANSPORTATION COMPANY, a corp. The CITY OF ABERDEEN, A Municipal Corporation of the State of South Dakota, Plaintiff v. CHICAGO AND NORTH WESTERN TRANSPORTATION COMPANY, A Corporation; Kenneth D. Vaughan; Susan K. Vaughan Kamla; Philip L. Vaughan; Kenneth W. Vaughan; June L. Johnson; and All Persons Unknown Who have or Claim to Have Any Estate or Interest or Lien or Encumbrance Upon the Premises, or Any Part Thereof, Described in the Complaint, Defendants. Kenneth D. VAUGHAN; Susan K. Vaughan Kamla; Philip L. Vaughan; Kenneth W. Vaughan and June L. Johnson, Defendants and Third Party Plaintiffs, v. CHICAGO AND NORTH WESTERN TRANSPORTATION COMPANY, A Corporation, Third Party Defendant.

United States District Court, D. South Dakota, N.D.

December 21, 1984.

Attorney(s) appearing for the Case

Terence A. O'Keefe, Siegel, Barnett & Schutz, Aberdeen, S.D., for plaintiff.

Stuart L. Tiede, Arlo D. Sommervold, Woods, Fuller, Shultz & Smith, Sioux Falls, S.D., for defendant and third party defendant Chicago and Northwestern Transp. Co.

John S. Lovald, Duncan, Olinger, Srstka, Lovald & Robbennolt, Pierre, S.D., for defendants and third party plaintiffs.

MEMORANDUM OPINION

DONALD J. PORTER, District Judge.

This case, essentially a quiet title action, was originally brought in the Fifth Judicial Circuit Court of South Dakota against Chicago and Northwestern Transportation Company (CNW) and several individuals (the Vaughans). Plaintiff City of Aberdeen claims title to a strip of land within the municipal boundaries of Aberdeen (for purposes of this opinion, "Tract A") pursuant to 43 U.S.C. § 912. The...

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